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SC restores Hadiya marriage, no Love Jihad as she married out of her own free will

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March 08, 2018

In a major win for Hadiya and her husband Shafin Jahan, the Supreme Court, on Thursday, set aside the May 2017 Kerala High Court order annulling their marriage. The SC has consistently in the last few hearings maintained that Hadiya, a 26-year-old, has the right to make her own choice.

The SC has now struck down the Kerala HC’s order and observed that the HC should not have annulled the marriage in a habeas corpus petition since both were consenting adults.

The court said Hadiya is now free to be with her husband and is not restricted to the hostel where she is now staying. “She is now at liberty to pursue her endeavors,” the court said.

The court however said the National Investigation Agency probe will continue into the accusations of ‘love jihad’, but not of this particular marriage. The SC said that its decision is based on Hadiya’s statement that she converted to Islam out of her own free will.

The SC read out the operative part of the judgement a little after 2pm, after hearing the case in the first part of the day.(Agencies)

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